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2021 Supreme(Guj) 741

B. N. KARIA
Essar Bulk Terminal Limited – Appellant
Versus
Arcelormittal Nippon Steel India Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Deven Parikh, Senior Advocate With Mr. Mit S. Thakkar
For the Respondent:Mr. Mihir Thakore, Senior Advocate and Mr. Navin Pahwa, Senior Advocate With Mr. Aditya J. Pandya, Advocate For Mr. Nirag N Pathak

JUDGMENT :

1. By preferring this petition, petitioner has challenged the order dated 15th July 2021 passed by the learned 13th Additional District Judge, Surat in Misc. Civil Appeal No. 19 of 2021 reversing the order dated 30th March 2021 passed in the interim application filed under Order 39 Rule 1 and 2 of the Civil Procedure Code in Regular Civil Suit No. 96 of 2021 by the learned 8th Additional Civil Judge, Surat wherein learned Civil Judge confirmed the ex-parte interim order dated 2nd March 20021 passed in pursuant to the interim application.

2. Short facts of the present case may be summarized as under :

2.1 As per the averments made by the petitioner, petitioner is providing cargo handling services to the Respondent No. 1 since May 2010 at the port terminal managed and operated by the Petitioner. An agreement was executed on 21st February 2021 between the petitioner and the Respondent No. 1 along with all the amendments thereto from time to time, which governs the terms and conditions of such agreement. Pursuant to the CHA 2011, both the parties have also entered into a Service Level Agreement dated 28th August 2012 which was subsequently revised by way of the Service Level Ag

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